Loading...
HomeMy WebLinkAbout2023_08_Pohoiki_Rd_and_Hwy_137_Road_Repair_and_Water_Line_Installation-Draft_Environmental_Assessment 1 Introduction Table 1. Proposed Project Components and Improvements Section Location Description (Coordinates) Length of Road Improvements Length of Water Line Installation Proposed Improvements Section Location Description (Coordinates) Length of Road Improvements Length of Water Line Installation Proposed Improvements 2 Purpose of and Need for Action 3 Alternatives 3.1 No Action Alternative 3.2 Proposed Action 3.2.1 Project Location 3.2.2 Realign and Reconstruct Roads (Subapplicant: DPW) 3.2.3 Install Water Lines (Subapplicant: DWS) 3.2.4 Construction Right-of-Way Acquisition Construction Staging and Access Construction Methods Schedule and Project Duration 3.2.5 Maintenance 3.3 Additional Action Alternatives Considered and Dismissed 4 Affected Environment, Potential Impacts, and Mitigation Table 2. Evaluation Criteria for Potential Impacts Impact Scale Criteria 4.1 Resources Not Affected and Not Considered Further Table 3. Resources Eliminated from Further Consideration Resource Topic Reason for Elimination 4.2 Geology, Topography, and Soils 4.2.1 No Action Alternative 4.2.2 Proposed Action 4.3 Visual Quality and Aesthetics 4.3.1 No Action Alternative 4.3.2 Proposed Action 4.4 Air Quality and Climate 4.4.1 No Action Alternative 4.4.2 Proposed Action 4.5 Surface Waters and Water Quality 4.5.1 No Action Alternative 4.5.2 Proposed Action 4.6 Coastal Resources 4.6.1 No Action Alternative 4.6.2 Proposed Action 4.7 Wetlands 4.7.1 No Action Alternative 4.7.2 Proposed Action 4.8 Floodplains 4.8.1 No Action Alternative 4.8.2 Proposed Action 4.9 Vegetation Table 4. Vegetation Types in the Project Action Area Vegetation Category Vegetation Type Area (acres) 4.9.1 Invasive Species 4.9.2 No Action Alternative 4.9.3 Proposed Action 4.10 Terrestrial and Aquatic Wildlife 4.10.1 Invasive Species 4.10.2 No Action Alternative 4.10.3 Proposed Action 4.11 Threatened and Endangered Species and Critical Habitat Table 5. Federally Listed Species Identified by USFWS as Potentially Present in the Project Area Common Name Scientific Name Status (ESA) Impact Determination Lasiurus cinereus semotus Pterodroma sandwicensis Oceanodroma castro Puffinus auricularis newelli Branta sandvicensis Himantopus mexicanus knudseni Fulica alai Common Name Scientific Name Status (ESA) Impact Determination Chelonia mydas Eretmochelys imbricata Manduca blackburni Ischaemum byrone Cyrtandra nanawaleensis Gardenia remyi Cyanea platyphylla 4.11.1 No Action Alternative 4.11.2 Proposed Action Hawaiian Hoary Bat (Lasiurus cinereus semotus) Goose (Branta sandvicensis) o o o Waterbirds other than the Seabirds Sea Turtles Blackburn’s Sphinx Moth (Manduca blackburni) Hilo Ischaemum (Ischaemum byrone) Haiwale (Cyrtandra nanawaleensis) Nanu (Gardenia remyi) aku aku (Cyanea platyphylla) 4.12 Cultural Resources 4.12.1 Historical Context 4.12.2 Prior Surveys Table 6. Previous Cultural Resources Investigations in and near the Project Area Author and Date Investigation 4.12.3 Existing Conditions Table 7. Newly Recorded Cultural Resources, Significance, and Treatment Recommendations SIHP Site Number / Temporary Site Number Resource Type Temporal Affiliation Significance Treatment Recommendation SIHP Site Number / Temporary Site Number Resource Type Temporal Affiliation Significance Treatment Recommendation 4.12.4 Consultations with Native Hawaiian Organizations and Lineal Descendants 4.12.5 Consultation with the State Historic Preservation Division 4.12.6 No Action Alternative 4.12.7 Proposed Action 4.13 Environmental Justice 4.13.1 Minority Populations 4.13.2 Low-Income Populations 4.13.3 No Action Alternative 4.13.4 Proposed Action 4.14 Hazardous Materials 4.14.1 No Action Alternative 4.14.2 Proposed Action 4.15 Noise 4.15.1 No Action Alternative 4.15.2 Proposed Action 4.16 Transportation 4.16.1 No Action Alternative 4.16.2 Proposed Action 4.17 Utilities 4.17.1 No Action Alternative 4.17.2 Proposed Action 4.18 Public Health and Safety 4.18.1 No Action Alternative 4.18.2 Proposed Action 4.19 Land Use and Zoning 4.19.1 No Action Alternative 4.19.2 Proposed Action 4.20 Summary of Effects and Mitigation Table 8. Summary of Effects and Mitigation Affected Resource Area Impacts Agency Coordination or Permits Mitigation and BMPs Affected Resource Area Impacts Agency Coordination or Permits Mitigation and BMPs Affected Resource Area Impacts Agency Coordination or Permits Mitigation and BMPs Affected Resource Area Impacts Agency Coordination or Permits Mitigation and BMPs Affected Resource Area Impacts Agency Coordination or Permits Mitigation and BMPs 5 Cumulative Impacts 6 Agency Coordination, Public Involvement, and Permits 6.1 Agency Coordination 6.2 Public Participation 6.2.1 Previous Public Engagement 6.2.2 NEPA Public Involvement Process 6.3 Permits 7 List of Preparers Preparers Experience and Expertise Role in Preparation FEMA Reviewers Role in Preparation 8 References Figure 1. Project Area and Location Figure 2. Halema East Rift Zone, Leilani Estates, and Lava Cover Figure 3. Lava Fissure Locations, Buildings Affected by Lava, Lava Cover, Damaged Roads, and Damaged Water Lines Figure 4. Lava Thickness from 2018 Eruption Figure 5a. Detailed Project Area Maps Showing Project Components and Proposed Improvements Figure b. Detailed Project Area Maps Showing Project Components and Proposed Improvements Figure c. Detailed Project Area Maps Showing Project Components and Proposed Improvements Figure 6. Typical Cross-Section for Roadwork Figure 7. Typical Section for Water Line Installation Figure 8. Typical Section for Water Line Installation in V-Shaped Riprap Trench Figure 9. Construction Sequencing Figure 10. Action Area for Biological Resources Figure 11. Land Use within Project Area Figure 12. Zoning within Project Area Photo 1. Photo of lava flow in the project area, facing southeast (Ka Wai O Pele [Green Lake] in upper left-hand corner) Photo 2. Hardened lava near Pohoiki Road, facing northwest Photo 3. Hardened lava across Highway 137, just north of intersection with Pohoiki Road, facing northeast Photo 4. Hardened lava across Highway 137 near MacKenzie State Recreation Area, facing northeast (photo shows temporary road rebuilt after 2018 lava flow) Photo 5. Hardened lava along coastline near the northern portion of Highway 137, facing northeast (photo shows depth of lava at ocean’s edge; palm trees and vehicles on left side of photo provide approximate scale) Table 1: Summary of Effects Determinations Lasiurus cinereus semotus Pterodroma sandwicensis Oceanodroma castro Puffinus auricularis newelli Branta sandvicensis Himantopus mexicanus knudseni Fulica alai Chelonia mydas Eretmochelys imbricata Manduca blackburni Ischaemum byrone Realign and Repave Roads (Subapplicant: DPW) Install Water Lines (Subapplicant: DWS) Table 2. Vegetation Types in the Project Action Area not Covered by Lava in 2018 Vegetation Type Area (acres) Combined Table 3. Summary of Species Information Scientific Name Common Name Listing Status Critical Habitat / Recovery Plan General Habitat Nesting or Lactation Period /Blooming Period Potential to Occur in the Action Area Lasiurus cinereus semotus Potential to Occur: Pterodroma sandwichensis Potential to Occur: Oceanodroma castro Potential to Occur: Puffinus auricularis newelli Potential to Occur: Scientific Name Common Name Listing Status Critical Habitat / Recovery Plan General Habitat Nesting or Lactation Period /Blooming Period Potential to Occur in the Action Area Branta (=Nesochen) sandvicensis Branta sandvicensis Potential to Occur: Himantopus mexicanus knudseni No Potential to Occur: Fulica americana alai No Potential to Occur: Chelonia mydas No Potential to Occur: Scientific Name Common Name Listing Status Critical Habitat / Recovery Plan General Habitat Nesting or Lactation Period /Blooming Period Potential to Occur in the Action Area Eretmochelys imbricata No Potential to Occur: Manduca blackburni No Potential to Occur: Ischaemum byrone Potential to Occur: Status and Range Life History Potential to Occur Status and Range Life History Potential to Occur Status and Range Life History Potential to Occur Status and Range Life History Potential to Occur Status and Range Life History Potential to Occur Status and Range Life History Potential to Occur Status and Range Life History Potential to Occur Status and Range Life History Potential to Occur Status and Range Life History Potential to Occur Status and Range Critical Habitat Life History Potential to Occur Status and Range Critical Habitat Life History Potential to Occur GEN AMM-1 General Conditions o o o o o o o o o o GEN AMM-2 Biosecurity Protocols o o o o o o GEN BMP-1 Preventing the spread of Little Fire Ants o o o o o o o GEN BMP-2 Preventing the spread of Rapid Ohia Death and Rat Lungworm Disease o o o o o GEN BMP-3 Water Quality GEN BMP-4 Utility Lines GEN BMP-5 Roads Hawaiian Hoary Bat Hawaiian Goose ( o o o Lasiurus cinereus semotus Pterodroma sandwicensis Oceanodroma castro Puffinus auricularis newelli Branta sandvicensis Himantopus mexicanus knudseni Fulica alai Chelonia mydas Eretmochelys imbricata Manduca blackburni Ischaemum byrone Earl Campbell Page 36 FEMA requests a letter of concurrence from USFWS that the project may affect, but is not likely to adversely affect, the Hawaiian Hoary Bat (Lasiurus cinereus semotus) or the (Branta sandvicensis) and would have no effect on any other ESA-listed species. If you have questions about the Proposed Action or FEMA’s request, please contact Adam Klatzker at (510) 627-7073 or adam.klatzker@fema.dhs.gov. Thank you in advance for your assistance. Sincerely, Kenneth G. Sessa Acting Regional Environmental Officer FEMA Region IX Attachments: Figures References Official Species List Memo cc: Cara Binger, HI EMA Douglas Le, County of Hawaii Figure 1. Project Area and Location Figure 2. Project Action Area Figure 3. Construction Staging Areas Figure 4. Critical Habitat for the Species Evaluated PACIFIC REGION 1 Idaho, Oregon*, Washington, i, Realign and Repave Roads Install Water Lines Construction Staging, Access, and Methods oo o o o o o Kenneth G. Sessa 8 disturbed areas to minimize disturbance to native vegetation outside of the proposed Action Area. If any of the listed plants are observed during vegetation clearing, workers will stop clearing the area and notify the project manager who will relay the information to the Service. Because the recent survey found no listed plants within the proposed project footprint, and the project description includes the education of workers to avoid harming listed plants during vegetation, we do not expect federally listed plants would be present or exposed to project- related activities associated with construction of the proposed project. Therefore, effects to federally listed plants are discountable. Summary Based on the information provided, including the 2022 botanical survey report, implementation of Service-recommended avoidance and minimization measures, and our assessment of potential project impacts, we anticipate that the potential for adverse effects to the Hawaiian hoary bat, Hawaiian goose, Hawaiian waterbirds, Hawaiian seabirds, Blackburn’s sphinx moth, and the endangered plants Cyrtandra nanawaleensis, Gardenia remyi, Cyanea platyphylla, and Ischaemum byrone are insignificant or discountable. We concur with your determination that this project may affect but is not likely to adversely affect these federally listed species. Reinitiation of consultation is required and shall be requested: If new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered; If the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the written concurrence; or, If a new species is listed or critical habitat designated that may be affected by the identified actions. Thank you for protecting federally listed species. If you have any questions, please contact Carrie Harrington at carrie_harrington@fws.gov or by telephone at 808-792-9400. When referring to this project, please include this reference number: 2022-0039656-S7-001. Sincerely, Lindsy Asman Island Team Manager Maui Nui and Island cc: David Cohen, FEMA Kenneth Sessa, FEMA David Herdrich, FEMA On September 2, 2022, FEMA sent letters to Native Hawaiian Organizations and Interested Parties. The list of addressees is below. Mr. Jordan V. Calpito Burial Council Mr. Palikapu Dedman Interested Party Dr. Sylvia M. Hussey Ka Pouhana Chief Executive Officer Office of Hawaiian Affairs Mr. Keone Kalawe Interested Party Mr. Keiki Kekipi Interested Party Mr. Kai Markell Manager Compliance Enforcement Office of Hawaiian Affairs Ms. Susan Osborne Interested Party Ms. Mililani Trask Na Koa Ikaika KaLahui Hawaii Ms. Hannah H. Veloria Interested Party Mr. Berkeley Yoshida Pelekikena Hawaiian Civic Club Ka’u On January 31, 2023, FEMA sent letters to Native Hawaiian Organizations: Ku‘ulei Kealoha Cooper, Trustee Miulan P. Young Kealoha Trust Leihulu Emma Cooper Trust Leila Kealoha Executive Director On March 3, 2023, FEMA sent a letter to a representative of the University of Hawaii: Michael Shibata Director of Strategic Development and Partnership An example letter is included in this attachment. Section Description Length Proposed Improvements Upper Pohoiki Road Intersection of Pohoiki Road and Highway 132 to western end of Lower Pohoiki Road 12,389 feet (2.3 miles) Realign road, repave, install water line Leilani Avenue Along Leilani Avenue between Kahukai Street and Pohoiki Road 1,000 feet (0.2 mile) Repave Lower Pohoiki Road Eastern end of Upper Pohoiki Road to intersection of Pohoiki Road and Highway 137 11,096 feet (2.1 miles) Realign road, repave, install water line Highway 137a (north) Along Highway 137 from Pohoiki Road to the intersection with Highway 132 and Kumukahi/Lighthouse Road 18,000 feet (3.4 miles) Realign road, repave, install water line Kapoho Beach Road Along road from Highway 137 60 feet (0.01 mile) Repave Moani Street Along road from Highway 137 25 feet (0.005 mile) Repave Pua O Kapoho Street Along road from Highway 137 25 feet (0.005 mile) Repave Kapoho Kai Drive Along road from Highway 137 25 feet (0.005 mile) Repave Kumukahi/Lighthouse Road Along road from intersection of Highways 132 and 137 892 feet (0.2 mile) Repave Section Description Length Proposed Improvements Highway 137b (MacKenzie State Recreation Area) Along Highway 137 through MacKenzie State Recreation Area 4,850 feet (0.9 mile) Repave Jordon V. Calpito September 2, 2022 Page 8 of 28 www.fema.gov Should you have any other related questions or comments, please do not hesitate to contact David Herdrich, FEMA Environmental Protection Specialist and Archaeologist at FEMA’s Pacific Area Office in Honolulu at david.herdrich@fema.dhs.gov or 808-228-2064, or contact me directly at kenneth.sessa@fema.dhs.gov or 816-283-7960. Sincerely, David R. Cohen Senior Environmental Protection Specialist for Kenneth Sessa (Acting) Environmental Officer FEMA Region IX Enclosures cc: Keone Kalawe, Interested Party Keiki Kekipi, Interested Party Hannah H. Veloria, Interested Party Berkeley Yoshida, Hawaiian Civic Club of Ka’u Palikapu Dedman, Interested Party Mililani Trask, Na Koa Ikaika KaLahui Hawaii Dr. Sylvia M. Hussey, Office of Hawaiian Affairs Kai Markell, Office of Hawaiian Affairs Susan Osborne, Interested Party U.S. Department of Homeland Security Region 9 1111 Broadway, Suite 1200 Oakland, CA 94607-4052 www.fema.gov IN REPLY REFER TO: DH-PA-4366 PW 00055-00053 December 15, 2022 Dr. Alan S. Downer, Ph.D. Administrator State Historic Preservation Division Kakuhikewa Building 601 Kamokila Boulevard, Suite 555 Kapolei, Hawaiʻi 96707 Via: HICRIS Dr. Sylvia M. Hussey, Ph.D. Chief Executive Officer Office of Hawaiian Affairs 560 N. Nimitz Hwy., Suite 200 Honolulu, HI 96817 Via: OHACompliance@oha.org ATTN: Susan Lebo, SHPD, and Kai Markell, OHA Re: FEMA-4366-DR-HI-00055-00053 (46851) (45259) Pohoiki Road and Highway 137 Road Repair and Water Line Installation Approximate lat/long: 19.460527, -154.843710, Island of Hawaiʻi FEMA Public Assistance Program Submission – Standard Project Review for Nonemergency Undertakings (15-day Review) Reconnaissance Survey Report: Field Inspection of Lands and Previously Identified Sites within the Project Corridor, Pohoiki Road and Highway 137 Road Repair and Water Line Installation, DR-4366-HI PW-55 PW-53 Subrecipients: County of Hawaiʻi Department of Public Works and Department of Water Supply Dear Dr. Downer and Dr. Hussey: The U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA) proposes to provide a Federal grant, through the Hawaiʻi Emergency Management Agency (Recipient), to the County of Hawaiʻi Department of Public Works (DPW) and the County of Hawaiʻi Department of Water Supply (DWS) (Subrecipients), authorized under the Robert T. Stafford Disaster Relief And Emergency Assistance Act, P.L. 93-288, as amended, in response to major Disaster Declaration, FEMA-DR-4366-HI, dated May 11, 2018 regarding the Kilauea Volcanic Eruption and Earthquakes. During the incident period of May 3 through August 17, 2018, volcanic and seismic activity stemming from the Kilauea volcanic eruption resulted in lava inundation in the in the Puna Dr. Downer and Dr. Hussey December 14, 2022 Page 2 of 7 pages District, rendering sections of roads inaccessible. DPW has requested funding to realign and reconstruct approximately 9.1 miles of County roads to bring them back to their pre-disaster function. DWS has requested funding to install water lines along approximately 7.8 miles of the same County roads. The two projects are collectively referred to as the Undertaking. The assistance would be provided through FEMA’s Public Assistance Program. FEMA is reviewing the Undertaking pursuant to the 2016 Programmatic Agreement among FEMA, the Hawaiʻi State Historic Preservation Officer (SHPO), the Hawaiʻi Emergency Management Agency (Hawaiʻi Department of Defense), and the State Office of Hawaiian Affairs (OHA) (Agreement). In reviewing the Undertaking, FEMA has made a No Historic Properties Affected determination and requests your review and concurrence per Stipulations II.C.4.d and II.C.5.a.1 of the Agreement. Undertaking DPW proposes to realign and reconstruct approximately 9.1 miles of county roads that were inundated with lava from the 2018 Kilauea volcano eruption in the easternmost portion of the island of Hawaiʻi (Puna District) to bring them back to their pre-disaster function, and DWS proposes to install approximately 7.8 miles of waterlines (Undertaking). The Undertaking would entail realignment and reconstruction of roads and installation water lines along Pohoiki Road and Highway 137 (Kalapana-Kapoho Beach Road, from the intersection with Pohoiki Road to the intersection with Highway 132). The Undertaking encompasses portions of the following roads: Leilani Avenue, Kapoho Beach Road, Moani Street, Pua O Kapoho Street, Kapoho Kai Drive, Kumukahi-Lighthouse Road, and Highway 137 near MacKenzie State Recreation Area. Along road sections covered by hardened lava from the 2018 eruption, the road would be constructed on top of the hardened lava and would change elevation to follow the new natural grade. The hardened lava would be graded as needed outside of the roadway to maintain a 1:1 slope adjacent to the road and to provide safe conditions for drivers. Along sections where there is no hardened lava inundation, the road would be widened to meet current design standards. The road widening would be outside of the original footprint in some areas. The widest disturbance of hardened lava would be approximately 70 feet on either side of the road to create a roadway shoulder with appropriate slopes; along most of the alignment, the width of hardened lava disturbance would be less than 20 feet. Along the eastern portion of Pohoiki Road, approximately 7,000 feet of road would be realigned along the edge of an existing agricultural field. This realignment would minimize impacts on the exceptional mango trees that form a canopy over the existing Pohoiki Road in this area. Water lines would be installed along the northern side of Pohoiki Road from just east of the intersection of Pohoiki Road and Highway 132 to the intersection of Pohoiki Road and Highway 137. The water line would then cross Highway 137 and run along the eastern side of Highway 137 to Kapoho Beach Road. Along most of the alignment, water lines would be installed under the unpaved shoulder of the road, just outside the travel lane. There would be a minimum of 2 feet of cover over the pipe. The total depth of excavation would be approximately 3 feet. In road sections where the remnant heat of the hardened lava is too high to install water lines underground (such as along Upper Pohoiki Road near the fissures, from approximate stations 45+00 to 65+00), the water line would be Dr. Downer and Dr. Hussey December 14, 2022 Page 3 of 7 pages installed in a V-shaped riprap trench, which would extend the project footprint 16 feet north. The V- shaped riprap trench would allow heat to continue to dissipate from the hardened lava while allowing the water line to be installed and operated. DPW and DWS propose to stage equipment within the existing road footprint and on eight construction staging areas within parcels owned by the County near the project area. Some excavation may be needed to level the hardened lava from the 2018 eruption on the parcels to accommodate staging, storage, and stockpiling activities. Excavation would be no more than 5 feet deep and would not extend into previously undisturbed ground under the hardened lava from the 2018 eruption. To implement the road realignments, the County would purchase portions of 55 private properties adjacent to the existing road footprint; portions of 26 private properties would be purchased along Pohoiki Road and Leilani Avenue, and portions of 29 private properties would be purchased along Highway 137. No structures would be acquired. Area of Potential Effects In accordance with Stipulation II.C.2 of the Agreement, FEMA determined in coordination with SHPD that the direct Area of Potential Effect (APE) for the Undertaking is limited to the areas within which construction and ground-disturbing activity would be confined to excavation on the hardened lava (22,400 linear feet) and excavation of the road section not covered by hardened lava (12,400 linear feet). The APE encompasses four sections of roadwork (Kumukahi/Lighthouse Road, Highway 137a and 137b, and Lower Pohoiki Road) and the staging areas. The vertical APE for archaeological resources is limited to excavations into the hardened lava from the 2018 eruption along 22,400 linear feet of the road corridor and 12,400 linear feet excavation to repave the road not covered by hardened lava. The ground-disturbing construction activity on the hardened lava (22,400 linear feet) would not extend below the hardened lava from the 2018 eruption. The ground-disturbing activity on the road not covered by hardened lava (12,400 linear feet) would be in previously disturbed soil. An indirect APE of 0.5-mile radius from the Undertaking was considered to determine the potential for indirect effects (e.g., visual). Identification and Evaluation of Historic Properties In accordance with Stipulation II.C.3 of the Agreement, FEMA conducted a records search of the area affected within the APE and a surrounding 0.5-mile buffer through the State Historic Preservation Division’s Hawaiʻi Cultural Resource Information System (HICRIS) and the National Park Service’s online National Register of Historic Places and National Historic Landmarks database. FEMA also reviewed files at the SHPD library (March 24, 2022), the Bishop Museum (submitted August 22, 2022, and received on August 23, 2022), and the Hamilton Library (March 4, 7, and 24, 2022). Other relevant databases were also researched including the Papakilo Database (OHA 2022), Ulukai Database 2022 (https://ulukau.org), Hawaiʻi State Historic Bridge Inventory and Evaluation (2014), and Hawaiʻi State Archives Electronic Database (2022) (https://digitalcollections.hawaii.gov). Dr. Downer and Dr. Hussey December 14, 2022 Page 4 of 7 pages The records search results indicated that within the direct APE, 16 previous cultural resource studies have been conducted and 14 cultural resources have been previously recorded. Within the indirect APE, there are 98 recorded cultural resources. Of the 14 cultural resources in the direct APE, two cultural resources were unaffected by lava, eight cultural resources are completely inundated with lava, and four cultural resources are partially inundated. Of the 98 cultural resources in the indirect APE, 58 cultural resources are completely inundated with lava, and 40 cultural resources were unaffected. FEMA archaeological consultants conducted an archaeological reconnaissance survey from June 6 to July 8, 2022, in the four areas not inundated with hardened lava within the direct APE. Areas covered by hardened lava were not surveyed because the proposed excavations for roads and waterlines would not extend into the original ground surface, and there is no potential for extant cultural resources existing within the hardened lava. The survey did not extend into the indirect APE because these areas had been previously surveyed and any indirect effects of the Undertaking on known archaeological or historic sites in these areas could be assessed without additional survey. As a result of the investigation, three new cultural resources were identified and recorded during the field site survey: SIHP 50-10-46-31353 (an historic railroad alignment and segment of the Hawaiʻi Consolidated Railroad), SIHP site 50-10-46-31354 (Historic Wall/Enclosure), and SIHP site 50-10- 46-31355 (Terrace-Mound Complex, three features: two precontact mounds, and one precontact linear terrace rock wall). The survey reidentified three of the previously recorded sites within the direct APE that were not covered in hardened lava; sites SIHP 50-10-46-0512 and 50-10-46-0513 (Bevacqua and Dye 1972), and site SIHP 50-10-46-30583 (ASM 2016). One previously recorded site, SIHP 50-10-46-30583, was found and temporarily recorded as TS-4366-003 since it was not known as a previously recorded resource. SIHP 50-10-46-30583 was not listed in the Phase I Inventory review in HICRIS. As a result, this site was rerecorded; however, the SIHP Site No. 50-10-46-30583 is retained as the permanent resource number. Sites SIHP 50-10-46-0512 and 50-10-46-0513 were also relocated and updated. The four previously recorded sites within the direct APE that were partially inundated with hardened lava (SIHP sites 50-10-46-02521, 50-10-46-02522, 50-10-46-02529, and 50-10-46-04300) could not be relocated during the survey. The following sites were evaluated under National Register of Historic Places (NRHP) criteria A, B, C, and D; and HRHP Criterion E. SIHP sites 50-10-46-31353, 50-10-46-31354, 50-10-46-31355, 50- 10-46-0512, 50-10-46-0513, and 50-10-46-30583 are all recommended eligible for the NRHP, and are considered significant under Criterion D for the information they have yielded and can continue to yield with respect to land use activities and patterns, as well as how the study area landscape evolved from precontact to historic times. SIHP site 50-10-46-31353is considered additionally significant under Criterion A because the resource was constructed during an important time in establishing commercial activities via the railroad in the late nineteenth and early twentieth century. SIHP site 50-10-46-31353is also recommended eligible under Criterion B because of its association with the important figure in history, Benjamin Dillingham, to spearhead those marketing efforts. Dr. Downer and Dr. Hussey December 14, 2022 Page 5 of 7 pages SIHP site 50-10-46-31354is considered additionally significant under Criterion B because it is directly associated with Robert Rycroft, a locally significant historic figure. SIHP site 50-10-46-31355is considered additionally significant under HRHP Criterion E because the site also has the potential to yield precontact era burials. Native Hawaiian Organizations In accordance with Stipulation I.C.1 of the Agreement, and based on recommendations from OHA, FEMA transmitted correspondence describing the Undertaking to Native Hawaiian Organizations (NHOs) and interested parties on September 2, 2022. NHOs and individuals contacted include Jordan V. Calpito of the County of Hawaiʻi Burial Council; Palikapu Dedman, Interested Party; Sylvia M. Hussey, Ka Pouhana, Chief Executive Officer of the Office of Hawaiian Affairs; Keone Kalawe, Interested Party; Keikialoha Kekipi, Interested Party; Kai Markell, Ka Pou Kākoʻo, Manager, Kiaʻi Kānāwai, Compliance Enforcement of the Office of Hawaiian Affairs; Susan Osborne, Interested Party; Miliani Trask of the No Koa Ikaika KaLahui Hawaiʻi; Hannah H. Veloria, Interested Party; and Berkeley Yoshida, Pelekikiena of the Hawaiian Civic Club Kaʻu. The correspondence also requested information about areas/sites of concern that may be affected by the Undertaking and if recipients knew of any other interested parties who might have concerns about the Undertaking. Palikapu Dedman and Keikialoha Kekipi, both Interested Parties, responded to FEMA’s letter. Mr. Dedman requested any identified burials be left in place, and the water lines be placed at an appropriate distance from any archaeological discoveries. He also noted that FEMA should follow Section 106 and consider the native perspective. Mr. Kekipi requested that archaeological sites be retained in place. He also expressed concern regarding the opening of Kumukahi-Lighthouse Road and requested it not be reopened until the Burial Treatment and Preservation Plan, being negotiated by third parties and outside of FEMA’s Section 106 consultation, is in place. The concern derived from the fact that in the year 2000 tourists had desecrated one of the burials and removed the iwi (bones) and that if the road was reopened this could happen again. The concern was also expressed by Mr. Kekipi and Mr. Keone Kalawe during a site visit with FEMA and a County of Hawaiʻi DPW representative on August 25, 2022. In consideration of the lineal descendants’ concerns, FEMA expanded the indirect APE to extend to area that contains the burials, namely from the edge of the designated indirect APE to the end of Kumukahi-Lighthouse Road near the coast, to determine if the Undertaking had any potential to affect the burials. HICRIS indicates that there are four known burials within this area (sites: SIHP Site -04251: Stone Burial Crypts; SIHP Site -21794: Stone Burial Crypts; SIHP Site -21792: Stone Burial Crypts; SIHP SIte 21793: Burial Crypts). The burials are approximately 1.5 miles from the Undertaking project area. For this Undertaking only, per II.C.3.c of the Agreement, FEMA is treating the burials discussed above as historic properties eligible for the National Register in order to make an indirect effects determination. Finding of Effect Per Stipulation II.C.4.d of the Agreement, FEMA has made a finding of No Historic Properties Affected because the project activities would avoid the historic properties within the direct APE, and Dr. Downer and Dr. Hussey December 14, 2022 Page 7 of 7 pages Enclosures: Reconnaissance Survey Report: Field Inspection of Lands and Previously Identified Sites within the Project Corridor, Pohoiki Road and Highway 137 Road Repair and Water Line Installation, DR-4366-HI PW-55 PW-53 Cc: Palikapu Dedman Keikialoha Kekipi DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD, STE 555 KAPOLEI, HAWAII 96707 January 12, 2023 IN REPLY REFER TO: David Herdrich, Environmental Protection Specialist Project No. 2021PR00548 Federal Emergency Management Agency Doc. No. 2301SN03 Pacific Area Office Archeology 546 Bonney Loop, Bldg. 520 Honolulu, HI 96858 David.Herdrich@fema.dhs.gov Mr. Herdrich: SUBJECT:National Historic Preservation Act (NHPA) Section 106 Review Request for Concurrence with Effect Determination FEMA Reference No. DH-PA-4366 PW 00055-00053 Pohoiki Road and Highway 137 Road Repair and Water Line Installation a, Ahalanui, Laepao o, Pohoiki, Keahialaka, Kaukulauki, and Malama 1 TMK: (3) 1-3 and 1-4 (various plats and parcels) The State Historic Preservation Division (SHPD) received a letter dated December 15, 2022, from the U.S. gement Agency (FEMA) indicating that FEMA under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288 as amended, in response to major Disaster Declaration, FEMA-DR-4366-HI, dated May 11, 2018 regarding the Kilauea Volcanic Eruption and Earthquakes. In accordance with 36 CFR 800.2(a)(4), the FEMA has made a final determination of no historic properties affected for the Pohoiki Road and Highway 137 Road Repair and Water Line Installation project. The FEMA letter summarizes the NHPA Section 106 findings from a report titled: Reconnaissance Survey Report: Field Inspection of Lands and Previously Identified Sites within the Project Corridor Pohoiki Road and Highway 137 Road (Drennan and Sherman, December 2022), and consultation with Native Hawaiian Organizations (NHO), the SHPD, the County of Hawai parties. The project has been determined to be a federal undertaking as defined in 36 CFR 800.16(y) and is subject to compliance with Section 106 of PW s project is also subject to Hawaii Revised Statutes (HRS) §6E-8 historic preservation review. , will involve reconstruction of approximately 9.1 miles of County roads that were inundated with lava from - 4366-HI). DWS proposes to concurrently install new water lines along approximately 7.8 miles of the same County roads. FEMA conducted an archaeological reconnaissance survey in four areas not inundated with lava in the direct area of potential effects (APE) and considered the indirect effects of the APE as requested by SHPD. JOSH GREEN, M.D. GOVERNOR | SYLVIA LUKELIEUTENANT GOVERNOR | DAWN N. S. CHANGCHAIRPERSON BOARD OF LAND AND NATURAL RESOURCESCOMMISSION ON WATER RESOURCE MANAGEMENT FIRST DEPUTY M. KALEO MANUEL DEPUTY DIRECTOR - WATER AQUATIC RESOURCESBOATING AND OCEAN RECREATION BUREAU OF CONVEYANCESCOMMISSION ON WATER RESOURCE MANAGEMENTCONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENTENGINEERINGFORESTRY AND WILDLIFE HISTORIC PRESERVATIONKAHOOLAWE ISLAND RESERVE COMMISSIONLANDSTATE PARKS ~ ~ David Herdrich January 12, 2023 Page 2 The Drennan and Sherman (2022) reconnaissance survey was conducted to comply with the NHPA Section 106 identification, documentation, and assessment requirements and consisted of a literature search that identified 12 cultural resource studies and 14 previously recorded resources within the direct APE. A total of 98 resources were identified in the indirect APE. The report indicates that of the 14 previously identified resources within the direct APE, 2 cultural resources are not inundated with lava, 8 cultural resources are completely inundated with lava, and 4 cultural resources are partially inundated with lava. The report also indicates that of the 98 previously identified resources in the indirect APE, 58 have been completely inundated with lava and 40 have not been impacted by lava. The reconnaissance survey documented three previously identified sites (State Inventory of Historic Places (SIHP) 50-10-46-0512 and 50-10-46-0513 (Bevacqua and Dye 1972), and SIHP 50-10-46-30583 (ASM 2016). These were relocated and updated in the survey documentation. Four (4) previously recorded sites (SIHP 50-10-46-02521, SIHP 50-10-46-02522, SIHP 50-10-46-02529, and SIHP 50-10-46-04300) within the direct APE that have been partially inundated were not located during the survey. The survey identified three newly identified sites within the direct APE, they consist of SIHP 50-10-46-31353 (an historic railroad alignment and segment of the Hawaii Consolidated Railway), SIHP 50-10-46-31354 (Historic Wall/Enclosure), and SIHP 50-10-46-31355 (Terrace-Mound Complex, including two pre-contact mounds, and one pre-contact linear terrace rock wall). Based on consultation with Native Hawaiian lineal descendants and the SHPD, the indirect APE was expanded to include the area located at the end of Kumukahi/Lighthouse Road. An additional four (4) sites were considered, four of which are stone burial crypts (SIHP 50-10-46-04251, SIHP 50-10-46-21794, SIHP 50-10-46-21792, and SIHP 50- 10-46-21793). None of the cultural resources within the Direct or Indirect APE are listed on the National Register of Historic Places of Historic Places (SIHP 50-10-46- 02529, MacKenzie Petroglyphs). The report indicates that SIHP 50-10-46-31353 is considered eligible under Criterion A because the linear resource was constructed during an important time in the development of commercial activities via the railroad in the late nineteenth/early twentieth century and under Criterion B as it was founded in association with an important figure in history, Benjamin Dillingham. SIHP 50-10-46-31354 is considered eligible under Criterion B because it is directly associated with Robert Rycroft, a locally significant historic figure. SIHP 50-10-46-31356 is considered additionally significant under HRHP Criterion e as the site also has the potential to yield Precontact era burials. Based on the findings in the Drennan and Sherman (2020) reconnaissance survey, and per Stipulation II.C.4.b of the the FEMA has made a determination of no historic properties affected because the proposed project is designed to avoid effects to the identified historic properties within the direct APE. It has also been determined that the resources within the indirect APE would not be impacted in anyway based on their locations and again based on the findings in the reconnaissance survey and per Stipulation II.C.4.b, FEMA has also made a determination of no historic properties affected for the resources located within the indirect and expanded indirect APE. The SHPO concurs with the FEMA determination of no historic properties affected pursuant to 36 CFR 800.4(d)(1). Based on the potential for unidentified historic properties to be discovered in areas of dense vegetation within the APE, FEMA proposes archaeological monitoring to be conducted for the project to identify any archaeological historic properties or burials present and, if identified, to determine potential impacts to them, and to ensure that appropriate mitigation is implemented. SHPD concurs SHPD requests an archaeological monitoring plan (AMP) meeting the requirements of HAR §13-279-4 be submitted for SHPD review and acceptance prior to the start of construction activities. Please submit the AMP, the associated submittal review fee, and a copy of this letter to HICRIS Project 2021PR00548 using the Project Supplement option. The SHPO looks forward to the FEMA and the County of Hawai i DPW initiating the HRS 6E historic preservation review for the subject project. Although a reconnaissance level survey does not fulfill the requirements of an archaeological inventory survey as specified in HAR §13-276-5, it serves to facilitate project planning and supports the historic preservation review process. Please submit two hard copies of the reconnaissance survey report (Drennan and Sherman, December 2022), David Herdrich January 12, 2023 Page 3 clearly labeled FINAL, along with a text-searchable PDF copy of the report and a copy of this letter to the SHPD Kapolei office, Attn. Library. Please also submit one hard copy of the reconnaissance survey report (Drennan and Sherman, December 2022), clearly labeled FINAL and a copy of this letter to the SHPD Hilo office, Attn. Sean Naleimaile. Finally, please submit a text-searchable PDF copy of the report to HICRIS Project 2021PR00548 using the Project Supplement option, and a PDF copy of the report to lehua.k.soares@hawaii.gov. The FEMA and the the County of Hawai i DPW are the offices of record for this undertaking. Please maintain a copy of this letter with your environmental review record for this undertaking. Please contact Sean Naleimaile at (808) 933-7651 or at sean.p.naleimaile@hawaii.gov for any questions or concerns regarding this letter. Aloha, Alan S. Downer, PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer Cc: Lauren Unger, lauren.unger@fema.dhas.gov Claudia Lea, claudia.lea@associates.fema.dhs.gov Christina Beaty, christina.beaty@associates.fema.dhs.gov Trisha Drennan, trisha.drennan@associates.fema.dhs.gov Martin Sherman, martin.sherman@associates.fema.dhs.gov Zendo Kern, zendo.kern@hawaiicounty.gov Rachelle Ley, rachelle.ley@hawaiicounty.gov Douglas Le, douglas.le@hawaiicounty.gov An oicial website of the United States government Here’s how you know DR-4366-HI Public Notice 002 English Notice Date September 7, 2022 INITIAL PUBLIC NOTICE The U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) is proposing to fund two projects for the County of Hawaiʻi Department of Public Works (DPW) and the County of Hawaiʻi Department of Water Supply (DWS) in Hawaiʻi County, Hawaiʻi, to repair roads and install water lines along Pohoiki Road, Leilani Road, Highway 137 (Projects) and Kumukahi Lighthouse Road. The proposed action would repair damage from the 2018 Kīlauea volcano eruption in the southeastern portion of the island in the Puna district to bring the roads back to their pre-disaster function. Funding would be provided through the Public Assistance (PA) Program as authorized under Section 428 of the Robert T. Staord Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended. FEMA intends to prepare an Environmental Assessment (EA) for the Projects in compliance with the National Environmental Policy Act (NEPA); Executive Order (EO) 11988, Floodplain Management; EO 11990, Wetlands Protection; and EO 12898, Environmental Justice. FEMA hereby also provides interested parties with a notice of its intent to carry out an action aecting a floodplain or wetland. The County of Hawaiʻi has applied for PA funds for the Projects. The purpose of the Projects is to recover from damage to the transportation network and water utilities caused by the volcanic eruption and resulting overland lava flows in the Puna district of the Island of Hawaiʻi. The Projects consist of the following: 1) realign and repave approximately 9.2 miles of roads to bring them back to their pre disaster function; and 2) install new and replacement water lines along approximately 7.9 miles of roads. Portions of the project area are in the 100-year floodplain as depicted on the FEMA Flood Insurance Rate Map (FIRM) Numbers 1551661204F, 1551661212F, 1551661213F, and 1551661435F, eective date September 29, 2017. The FIRMs show that portions of the project area along Highway 137 lie within Zone AE, an area that has a 1-percent probability of flooding every year and where predicted floodwater elevations have been established. A portion of the project area along Pohoiki Road lies within Zone D, an area of undetermined flood hazard. Initial comments concerning the Projects, potential alternatives, and preliminary identification of environmental issues will be accepted from the aected public; local, state, and federal agencies; Native Hawaiian Organizations; and other interested parties to assist FEMA with identifying the scope of the EA and inform decision- making. Comments should be made in writing and sent to the FEMA contact listed below. Comments must be received by October 7, 2022, to be considered. Additional information about the Projects, including maps showing the project components and potential impacts on floodplains, may be obtained by contacting FEMA or the County. Once complete, the dra EA will be made available for public review and comment. FEMA Contact: Ken Sessa, FEMA Region 9 Environmental Oicer (Acting) 1111 Broadway, Suite 1200, Oakland, CA 94607-4052 fema-rix-ehp-document@fema.dhs.gov County of Hawaiʻi Contact: Steve Pause, Acting Director, Department of Public Works, County of Hawaiʻi 101 Pauahi Street, Suite 7, Hilo, HI 96720 Disasters & Assistance Grants Floods & Maps Emergency Management About Work With Us Steve.Pause@hawaiicounty.gov, (808) 961-8321 Last updated October 13, 2022 Return to top Contact FEMA FEMA.gov An oicial website of the U.S. Department of Homeland Security Accessibility Accountability Careers Civil Rights Contact Us FOIA Glossary No FEAR Act Plug-Ins Privacy Report Disaster Fraud Website Information DHS.gov USA.gov Inspector General An oicial website of the United States government Here’s how you know DR-4366-HI Public Notice 003 English Notice Date October 12, 2022 INITIAL PUBLIC NOTICE The U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) is proposing to fund two projects for the County of Hawaiʻi Department of Public Works (DPW) and the County of Hawaiʻi Department of Water Supply (DWS) in Hawaiʻi County, Hawaiʻi, to repair roads and install water lines along Pohoiki Road, Leilani Road, Highway 137 (Projects) and Kumukahi Lighthouse Road. The proposed action would repair damage from the 2018 Kīlauea volcano eruption in the southeastern portion of the island in the Puna district to bring the roads back to their pre-disaster function. Funding would be provided through the Public Assistance (PA) Program as authorized under Section 428 of the Robert T. Staord Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended. FEMA intends to prepare an Environmental Assessment (EA) for the Projects in compliance with the National Environmental Policy Act (NEPA); Executive Order (EO) 11988, Floodplain Management; EO 11990, Wetlands Protection; and EO 12898, Environmental Justice. FEMA hereby also provides interested parties with a notice of its intent to carry out an action aecting a floodplain or wetland. The County of Hawaiʻi has applied for PA funds for the Projects. The purpose of the Projects is to recover from damage to the transportation network and water utilities caused by the volcanic eruption and resulting overland lava flows in the Puna district of the Island of Hawaiʻi. The Projects consist of the following: 1) realign and reconstruct approximately 9.1 miles of roads to bring them back to their pre-disaster function; and 2) install new and replacement water lines along approximately 7.8 miles of roads. Portions of the project area are in the 100-year floodplain as depicted on the FEMA Flood Insurance Rate Map (FIRM) Numbers 1551661204F, 1551661212F, 1551661213F, and 1551661435F, eective date September 29, 2017. The FIRMs show that portions of the project area along Highway 137 lie within Zone AE, an area that has a 1-percent probability of flooding every year and where predicted floodwater elevations have been established. A portion of the project area along Pohoiki Road lies within Zone D, an area of undetermined flood hazard. Initial comments concerning the Projects, potential alternatives, and preliminary identification of environmental issues will be accepted from the aected public; local, state, and federal agencies; Native Hawaiian Organizations; and other interested parties to assist FEMA with identifying the scope of the EA and inform decision-making. Comments should be made in writing and sent to the FEMA contact listed below. Comments must be received by November 11, 2022 to be considered. Additional information about the Projects, including maps showing the project components and potential impacts on floodplains, may be obtained by contacting FEMA or the County. Once complete, the dra EA will be made available for public review and comment. FEMA Contact: Ken Sessa, Environmental Oicer (Acting), FEMA Region 9 1111 Broadway, Suite 1200, Oakland, CA 94607-4052 fema-rix-ehp-documents@fema.dhs.gov County of Hawaiʻi Contact: Steve Pause, Acting Director, Department of Public Works, County of Hawaiʻi 101 Pauahi Street, Suite 7, Hilo, HI 96720 Steve.Pause@hawaiicounty.gov Disasters & Assistance Grants Floods & Maps Emergency Management About Work With Us (808) 961-8321 Last updated October 13, 2022 Return to top Contact FEMA FEMA.gov An website of the U.S. Department of Homeland Security Accessibility Accountability Careers Civil Rights Contact Us FOIA Glossary No FEAR Act Plug-Ins Privacy Report Disaster Fraud Website Information DHS.gov USA.gov Inspector General